Guide to TSO Rights

General Information

What is AFGE?

The American Federation of Government Employees, AFL-CIO (AFGE) is the only union that has fought on behalf of Transportation Security Officers since the creation of TSA. The union has been working to get collective bargaining rights for TSOs so they can bargain over workplace rules to get, for example, fair work schedules, fair promotion criteria, and better benefits.

AFGE Membership

To obtain representation form AFGE a TSO must be an AFGE member. You can join AFGE very easily, simply by filling out an 1158 form, located on this website.

Overview of Rights

TSOs have few employment rights. For the most part, federal employment laws do not apply to TSOs. TSOs do not yet have collective bargaining, but AFGE continues to lead the fight for these rights.

Right to Join a Union

In a letter to all Federal Security Directors and TSA employees dated 12/9/2005, TSA made clear that “employees have the right to participate in union activities without fear of retaliation or discrimination. It is every manager's and supervisor's responsibility to protect that right.…The expression 'union activities' includes discussing union issues (both pro-union and anti-union), organizing and attending meetings, distributing and reading literature, and signing petitions.”

Disability Rights

TSA's position is that the agency is not required to accommodate disabled employees who are unable to meet the physical/medical requirements of the TSO position. If there is no conflict between the TSA-mandated job qualifications and a TSO's disability, then that TSO is protected by the Rehabilitation Act; if there is a conflict, then TSA's position trumps the disability claim.

HIPAA/Privacy Rights

These laws do not exist to protect your medical/personal information from your employer, particularly if you are asking for FMLA, extended sick leave, or special consideration due to a medical/personal condition. You will have to release relevant medical information to your employer if you want this protection. If TSA releases this information without your consent to other coworkers or people without a valid reason to know the information, then you might have a case.

Whistleblower Rights

TSOs can file a whistleblower complaint with Office of Special Counsel using the same form as all other federal employees. The decision of the OSC can be appealed to the Merit System Protection Board. www.osc.gov

3-1-1 on TSO Discipline

3-1-1: 3deep breaths; 1 calm response; 1 call to AFGE

When confronted with a disciplinary action at work, the most important thing you can do is react professionally and calmly. TSAMD No. 1100.75-3, Addressing Performance and Conduct Problems, governs all disciplinary actions. There are five main types of disciplinary action:

1) Letter of Reprimand

2) Suspension

3) Indefinite Suspension

4) Demotion

5) Removal

Most disciplinary actions are based on alleged violations of TSAMD No. 1100.73-5, Employee Responsibilities and Conduct, and/or TSAMD No. 1100.73-2,TSO Dress and Appearance Responsibilities.

Investigations

Pre-decisional Meeting

TSA Management Directive No 1100.75-3, Addressing Performance and Conduct Problems, states that “[p]rior to taking any disciplinary action, management must follow these steps:

1. Assess the incident or allegations;

2. Engage in relevant fact-finding to the extent

necessary to make an informed decision

(obtain related evidence, witness statements,

etc.);

3. Review all relevant evidence to ensure that

the action meets standards of proof;

4. Meet and discuss the matter with the

employee, advise the employee of the

allegation and possible consequences, and

provide the employee an opportunity to

respond orally and/or in writing; and

5. After meeting with the employee,

management must determine if corrective

and/or disciplinary action will be taken.”

Investigation

TSA policy requires TSOs to comply with the investigation process; refusing to meet or discuss the incident at all can result in further specifications against you. When writing statements or giving oral testimony, your response should be specific to the charge or allegation. Extra information can lead to additional charges, even if you were not the subject of the investigation.

Equal Employment Opportunity Process

EEO Laws Applicable to TSOs

Title VII of the Civil Rights Act (42 U.S.C. 2000e et seq.)
Age Discrimination in Employment Act (29 U.S.C. 621)
Rehabilitation Act (29 U.S.C. 791)
Equal Pay Act (29 U.S.C. 206)

Protected Status Pursuant to Statute

Race
Color
Religion
Sex
Pregnancy
National Origin
Age
Disability
Reprisal (based on civil rights activity)

EEO Process

The complaint process is divided into four

stages:

1. Informal

2. Investigation

3. Hearing

4. Appeal

Filing a Complaint

A TSO who believes that he or she has been discriminated against must consult with an EEO counselor. The initial contact with the counselor must take place within 45 calendar days of the date of the alleged discrimination.

Workers' Compensation Claims

General Information

If you have a job-related injury or illness, you are covered by the Federal Employees' Compensation Act. (FECA) is administered by the Department of Labor's Office of Workers' Compensation Programs. OWCP, not TSA, decides if you have a compensable injury or illness and what benefits you are entitled to under FECA.

Workers' Compensation Benefits

Medical care
Continuation of pay
Wage loss compensation
Schedule awards
Vocational rehabilitation
Death benefits
Burial allowances

Worker's Compensation Process

IF YOU ARE INJURED ON THE JOB

Notify your supervisor immediately.
Get prompt medical care. You have the right to choose your own doctor. TSA should give you a CA-16 authorizing medical care.
Complete the appropriate form: a CA-1 for an injury or a CA-2 for an illness. If you will miss work, you also should get a CA-7. TSA must provide you with the forms you need, but if it does not, call AFGE right away.
Know your rights! Request counseling on rights, benefits and leave choices. Get help if you need it. Talk to your union representative or call AFGE's TSO Hotline.
Keep copies of all forms and attachments you submit to TSA and/or OWCP.

Family Medical Leave Act Requests

General Information

Under the Family and Medical Leave Act of 1993, known as FMLA, you are entitled to take up to 12 weeks of unpaid leave within a 12- month period for medical reasons of your own or to take care of the medical needs of your family members. You must have worked with TSA for 12 months, but they do not have to be consecutive or recent.

Reasons for Leave Under FMLA

You can take leave for a block of time within the 12 weeks or you can take the leave intermittently, for example, if you have to go to treatment every morning or once a week. You can use FMLA leave for the following reasons:

The birth of a child and the care of the newborn
The adoption or foster care of a child
The care of a spouse, child or parent with a serious health condition
Your own serious health condition that keeps you from being able to do your regular job duties

Examples of serious health conditions include:

asthma
Diabetes
kidney disease requiring dialysis
back conditions that require extensive therapy or surgery
complications or illness related to pregnancy

FMLA Process

FMLA has to be invoked and it is your responsibility to apply for the leave at least 30 days in advance of taking it, or as soon as practical. If you apply less than 30 days in advance, TSA may require you to wait until 30 days before using FMLA leave.

You must submit medical certification with your application, and TSA is allowed to ask for additional medical information. TSA can ask for recertification, but only at the end of the approved period. TSA can only contact your doctor with your permission.

You do not have to take all your FMLA leave as unpaid leave; you may substitute your sick leave or annual leave.

For More Information and to Get Involved

Visit your AFGE Local 1040 Web site regularly at www.AFGELocal1040.org

Refer to the AFGE Handbook on Representation of TSOs
Visit AFGE's website at www.tsaunion.net
Download and the Application Form 1158 and become a member of your AFGE Local 1040.
Sign up for the TSAVoice email
Send us your email address at info@afgelocal1040.org
Contribute to the AFGE PAC
Send an email, write a letter, or send an Action Fax from home to your congressional Representative and Senators
Share information on issues that affect TSOs with your friends, family, and co-workers
Enjoy AFGE member benefits especially designed with TSA employees in mind

IMPORTANT:

This guide provides the first steps in addressing workplace-related issues. Your job is to be informed about how the process works. Requests for assistance from AFGE are made through AFGE's toll-free TSO Hotline at (866) 392-6832. Once a request for assistance is received by AFGE, a staff member will determine whether or not the case meets AFGE's criteria for representation. Until you are notified of acceptance of representation, you should neither expect nor assume that AFGE is assisting you with your issue. You are still responsible for meeting all deadlines and timeframes established in the Transportation Security Administration's Management Directives.

Non-adverse Actions: Challenge with a Grievance	Suspensions of 14 days or less and Letters of Reprimand
Adverse Actions: Challenge with an Appeal to the Disciplinary Review Board	Suspensions of 15 days or more, Indefinite Suspensions, Demotions, and Removals